Beginning of Limitations Period In Constructive Dismissal Cases
In Stroud v. VBFSB Holding Corp., 917 S.W.2d 75, 80 (Tex.App.--San Antonio 1996, writ denied) the San Antonio Court of Appeals opined that "a cause of action for constructive dismissal arises when the party knows of his injury rather than the technical last date of employment. " 917 S.W.2d at 80, 81.
In another case, our supreme court has stated that "the limitations period begins when the employee is informed of the allegedly discriminatory employment decision, not when the decision comes to fruition." Specialty Retailers, Inc. v. DeMoranville, 933 S.W.2d 490, 493 (Tex. 1996) (employment discrimination claim with the Texas Commission on Human Rights) (quoting Delaware State College v. Ricks, 449 U.S. 250, 258, 101 S. Ct. 498, 66 L. Ed. 2d 431 (1980)).
These cases are based upon the United States Supreme Court's determination that the "proper focus [in a limitations issue] is on the time of the discriminatory acts." Ricks, 449 U.S. at 258 (employment discrimination case in which the employer's decision to terminate was the discriminatory act complained of).